Today TGC carries my column opposing a separation of marriage and state. For one thing, I argue, it won’t actually solve the problem:
To begin, a separation of marriage and state would not end the political battle over marriage. The vast legal and regulatory apparatus of the modern state does millions of things every day that require it to make assumptions about who is married. From divorce and child custody courts to health care policy to government employee benefits, any serious attempt to make government agnostic about marriage would require policymakers, bureaucrats, and lawyers to make literally millions of decisions about how each of these specific questions would now be handled under the new rules.
And even if it did, it would be counterproductive:
For all the important differences between ancient and modern views, they agree that the political community is not something we create because we want to get something for ourselves out of it; it’s something we create because we want life and justice to increase. A society that really practiced a separation of marriage and state would come to think—even more strongly than our culture already does—that politics is not about how a community can order its shared life for justice and flourishing. Politics would become, even more than it already is, all about how individuals can satisfy their desires. This is a major contributor to almost every public problem we have today, from the economic crisis to the breakdown of the family to the inability of government to perform even its most basic tasks.
I also discuss the secularization of the public square that “separation of marriage and state” would involve. As always, your comments are welcome!